Monday, September 28, 2009

Twitmark Express

TradeMark Express has joined the twitter party finally. I've been toying around with the idea for awhile and finally got around to it.

Follow me at TradeMarkExpres

Tweet you later!

Tuesday, September 22, 2009

Trademark International Class: Class 36 (Insurance and Financial Services)


All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 36.

What is International Class 36 All About?


Each class has a short title heading that gives a snapshot of what that class is all about -- IC 36's short title is insurance and financial services. The USPTO has 724 accepted descriptions that fit into IC 36; check them out here.

Almost anything you can think of that’s in the insurance or financial fields is going to be in IC 36. This is going to include services like investing, appraising, banking or credit unions and real estate services that delve into finance (brokerage, listing, escrow, management).


What's New for International Class 36?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 36, good plus date added to the guide:

• Charitable fund raising services by means of a golf event 6 Aug 09

• Electronic financial trading services 10 Sep 09

• Financial services, namely, raising debt and equity capital for others 17 Sep 09

• Providing a website featuring non-downloadable videos in the field of financial planning 26 Mar 09

- Mention our blog & receive $25 off of our Premium Package -
- Put BLOG in the Contact Name field -

Trademark International Class: Class 35 (Advertising and Business Services)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 35.

What is International Class 35 All About?


Each class has a short title heading that gives a snapshot of what that class is all about -- IC 35's short title is advertising and business services. Pretty vague, eh? The USPTO has 1476 accepted descriptions that fit into IC 35; check them out here.

The first part of IC 35’s description, advertising, is straightforward. If it’s advertising, marketing or promoting services that are being offered, then IC 35 is where it goes. Now there are going to be some exceptions, as with anything related to trademarks.
Tangible advertising goods, such as signs, flyers, brochures, are NOT going to be in IC 35 as those items are not technically a service though are definitely part of a service; tangible paper-based advertising goods are in IC 16. Training, coaching, educating, etc. about advertising, marketing or promotion is NOT going to be in IC 35 but rather in IC 41, which is the educational class.

The second part of IC 35’s description, business services, is not straightforward at all. Semantically, all services could be considered as business services, yes? No way says the trademark powers that be; at least no way if those services can fit within a different international classification.


So What Business Services are in International Class 35?


Ooh this is a tough nut to crack as there are definitely some discernible patterns within this class but there’s a whole lot of slap-dash in here too. Here’s a general breakdown:


• If your services consist, in part, of the word business, you’re likely in IC 35. This includes consulting, advising, administration, management, development, information, organization, research, planning, etc.


• Employment services are in this class, which includes hiring, recruiting, placement, staffing and career networking.


• Retail services selling ANY products under the sun, which means a brick and mortar store, online retail sites, mail order, catalog, wholesale, etc.


Obviously there’s a whole host of other services in IC 35. If you’re wondering about your services, feel free to
email me.


- Mention our blog & receive $25 off of our Premium Package -
- Put BLOG in the Contact Name field -

Friday, September 11, 2009

Yadda Yadda Yadda

The suit against Jerry Seinfeld's author wife, Jessica, has come to an end. The District Court dismissed all claims set forth by Missy Chase Lapine; however, there apparently is still the matter of the defamation claims stemming from Jerry Seinfeld's remarks on the David Letterman show. Read the entire article here.

Thursday, September 10, 2009

New McRuling

In Malaysia, local restauranteurs McCurry won an 8 year legal battle against McDonald's for the right to use the Mc- prefix. The McReign of McDonald's seems to be nearing an end as long as other restaurants serve food that is different enough from McDonald's so as not to confuse customers. Read the entire article here. This ruling will undoubtedly result in a McBurst of new restaurants.